Terms and Policies

These sales and delivery provisions apply to the extent that nothing else follows from a written agreement between the parties. The sales and delivery conditions apply to any offer and sale as well as any delivery from a company in the Fyns Kran Udstyr group (hereinafter referred to as the Company), and regardless of whether the Company is to be regarded as a manufacturer or supplier.

All information on type, weight, measurements, dimensions, capacity, etc. is given with tolerances which will normally appear in the Company's product catalogue. Such information is only binding on the Company to the extent that it is expressly stated in the Company's offer, order confirmation or other written agreement.
All information about the product, including drawings and specifications, which is provided by the Company, remains the property of the Company and may not be passed on to others or misused in any other way. Only general drawings are provided, where outer dimensions are shown. This is understood to mean that all measurements that are relevant to give the customer certainty that the product fits/can be used must be shown. Definite production drawings or specifications that enable others to produce the product are not provided, unless specifically agreed. If changes to products and packaging can be made without disadvantage for the buyer, the Company reserves the right to do so. The company is only obliged to special packaging or preservation if it has been agreed in writing. The company reserves the right to charge shipping packaging etc., as packaging is only taken back and credited after written agreement. For orders under DKK. 1000.00, the company reserves the right to charge a processing fee of DKK. 100.00. Data or typographical errors on the website are reserved.

Offers made by the Company to a buyer are only valid for 4 weeks from the sending of the offer. However, this does not apply to goods that, according to agreement with the buyer, or according to custom, are traded at daily prices, which will appear in the offer. The offer price is in Danish kroner excl. VAT, unless otherwise agreed. Written acceptance from the buyer must be in the Company's hands before the expiry of the deadline. Otherwise, the offer will expire.

Until the buyer's acceptance is received, the Company is entitled to enter into an agreement with a third party regarding it offered with the effect that the offer lapses.

Delivery is EXW according to INCOTERMS 2020, unless otherwise agreed in writing between the parties. The buyer assumes the risk for the goods when they are made available to the buyer at the Company's place of business. If a written agreement has been entered into that the goods must be sent, the shipment takes place at the buyer's risk and at the buyer's expense. The stated price for the item is set EXW, according to INCOTERMS 2020.

If the buyer is informed of a delivery time, this is set at best discretion in accordance with the circumstances that existed when the offer was made or the agreement was concluded. If the Company should find itself in a situation which is covered by section 10, or otherwise have difficulty in delivering on time due to lack of deliveries from suppliers or breakdown of operating assets at the Company, the delivery time is postponed by the time that the obstacle lasts. If such obstacles arise, the Company must notify the buyer as soon as possible. When the obstacle has lasted for more than 30 days, both parties are entitled to cancel the agreement without being able to raise claims against the other on that occasion. If a delay has other reasons than those mentioned, the buyer can cancel the agreement, if the delay is significant, in accordance with the general rules of Danish law. The buyer must, however, give the Company a demand for this in advance, with a, depending on the circumstances, reasonable period for the Company to attempt re-delivery. The buyer is obliged to take part of the delivery and pay proportionately accordingly. The buyer cannot claim compensation for indirect losses, e.g. operating losses, profit tables and other consequential damages. Consequently, the Company is not responsible for consequential damages, notwithstanding that the Company is otherwise found liable for this.

The sold remains the property of the Company until payment has been made in full, to the extent that such retention of title is valid under applicable law.

Payment must take place in cash upon delivery, unless otherwise agreed or stated on the invoice. If the Company has drawn up an offer, the prices specified in the offer apply. Otherwise, sales take place at the list and catalog prices applicable on the date of the order confirmation, cf. however below. All prices are stated in Danish kroner excl. VAT as well as other taxes and charges, and the buyer is obliged to accept changes in prices as a result of changes in exchange rates, duties, taxes, charges, freight costs etc. for the agreed delivery. All prices are stated without surcharge for transport, as offers are made FCA. The company is entitled to calculate interest at 1% per month from the due date. In the event of non-collection, the Company may store the goods at the buyer's expense and risk for a reasonable period depending on the circumstances.

The buyer must immediately carry out an examination of the purchased item upon delivery. If the buyer wants to claim a defect, the buyer must immediately notify the Company in writing and state what the defects consist of. If the buyer has discovered or should have discovered the defect and does not complain as stated, the buyer cannot later assert the defect. At the Company's choice, defects in the goods sold will be remedied or the goods sold will be re-delivered. If no remedial measures are taken within a reasonable time, the buyer can, in accordance with the general rules of Danish law, cancel the agreement, demand a refusal of the purchase price or demand compensation. If the buyer has not claimed the defect to the Company within one year after the delivery date, the buyer cannot later assert it. Changes or interventions in the sold without the Company's written consent exempt the Company from any obligation. If the buyer has complained and it turns out that there is no defect, the Company is entitled to compensation for the work and costs that the complaint has caused the Company. The buyer cannot claim compensation for indirect losses, e.g. operating losses, profit tables and other consequential damages. Consequently, the Company is not responsible for consequential damages, notwithstanding that the Company is otherwise found liable for this.

The following circumstances lead to freedom of liability for the Company if they prevent the fulfillment of the agreement or make fulfillment unreasonably burdensome: Labor dispute and any other circumstance beyond the control of the parties such as fire, war, currency restrictions, riots, lack of means of transport, general shortage of goods as well as shortages or delays of deliveries from subcontractors, which are due to some of the circumstances mentioned in this point.

The sold items can only be returned after prior written agreement. Items shipped in error are credited 100% upon return. Other goods that are returned by agreement are credited with a deduction of 15%, and the buyer covers the shipping costs. As a general rule, a custom-made or custom-made product cannot be returned.

The company is only liable in accordance with the Product Liability Act for personal injury and damage to things which, by their nature, are usually intended for non-commercial use, cf. the general provisions of the law, if it is proven that the damage is due to error or negligence committed by the Company or others for whom the Company is responsible. The company is thus not responsible for damage arising from products manufactured by the buyer or arising from a part of the product manufactured by the buyer. The company is not responsible for operating losses, lost earnings or other indirect losses. However, these limitations do not apply if the Company is guilty of gross negligence. To the extent that the Company may be charged with product liability towards a third party, the buyer is obliged to indemnify the Company to the extent that the Company's liability is limited in the foregoing. If a third party makes a claim against one of the parties for liability in accordance with this point, this party must immediately notify the other party.

Any disputes where an amicable solution cannot be reached must be settled at the Maritime and Commercial Court as the agreed place of jurisdiction. This legal relationship is subject to Danish law, which is also applied to questions about the formal procedure for e.g. the sale item's examination, any deadlines for the examination, notices and what precautions must be taken if the sale item is rejected. The rules of the International Sales Act (Convention on Contracts for the International Sales of Goods) shall not apply to the legal relationship.

These rental conditions apply to all agreements for the rental of lifting gear. Deviations from the rental conditions are only valid if they are agreed in writing between the parties.

Rental prices appear from the rental price lists valid at all times. Prices are ex stock, excl. VAT. For any offer, estimate or price information submitted by Fyns Kran Udstyr A/S, the present "Rental conditions for lifting gear" apply. For confirmed orders, reservations are made for price increases as a result of official intervention or public orders. The rent is invoiced when the rented item is handed over and, for longer leases, also monthly in arrears. Payment terms are the invoice date plus 14 days. In the event of payment later than the last due date of payment, interest at 1% per started month.

The lessee undertakes and pays for both the collection of the rented item from Fyns Kran Udstyr A/S and the later return thereof to a storage location defined by Fyns Kran Udstyr A/S. Any deposit must be paid before collection.

The rental period starts at the agreed time, but at the latest at the time when the tenant collects the rented item, and ends when the rented item is received again in a warehouse defined by Fyns Kran Udstyr A/S. Minimum rental period is 3 days from collection. The rent is calculated per started day, regardless of whether the rented effects(s) are returned before the (latest) started day expires.

In the event of loss, the rental payment continues until the rented item is provided again and returned to a storage location defined by Fyns Kran Udstyr A/S, or until the date on which compensation is agreed in writing.

There is no deduction in rent if desire to purchase the rented property. Regardless of the age and condition of the equipment, the price is settled for new equipment.

The rented equipment is delivered by Fyns Kran Udstyr A/S in ready-to-operate and legal condition, including instructions for use and any certificates. The tenant undertakes to check immediately after receipt that the rented item does not give rise to objections.

The rented item may only be used for the purpose(s) and the load stated in the order confirmation/user manual. The tenant may not change the rented property, including removing or moving fixings, etc. The tenant is obliged to ensure and ensure that the rented property is used in accordance with regulations and legislation, to submit reports to the authorities and supervision and to obtain all necessary permits. Renting, lending or before handing over to a third party must not take place without Fyns Kran Udstyr A /S' prior written approval. The hired work may not, without prior written agreement, be carried out by Denmark.

During the rental period, the tenant is obliged to carry out safety and operational maintenance of the rented property. Repairs to the rented equipment may only be carried out by Fyns Kran Udstyr A/S or a repairer appointed by the company and only after prior agreement. The tenant is obliged to hand over the rented item in the same condition (including cleaning and cleaning) as it was received, apart from normal wear and tear. Any subsequent cleaning, repairs and rent for the time involved is at the tenant's expense.

The tenant is responsible for loss of or damage to the rented equipment as well as for violation of the provisions of these rental conditions. The lessee is responsible for damages and losses incurred by the lessee himself, Fyns Kran Udstyr A/S or third parties, which are not due to errors or omissions on the part of Fyns Kran Udstyr A/S. Fyns Kran Udstyr A/S can under no circumstances be held liable for operating losses of any kind, loss of profits, other indirect losses or consequential damages, regardless of whether such losses/damages can be attributed to the rented property. Should Fyns Kran Udstyr A/S be charged with liability towards a third party, the lessee is obliged to indemnify Fyns Kran Udstyr A/S for any liability that goes beyond what the lessee could claim against Fyns Kran Udstyr according to the present rental conditions A/S.

Fyns Kran Udstyr A/S endeavors to comply with all agreed delivery times. However, Fyns Kran Udstyr A/S can only be held responsible for delays of more than 7 days. Fyns Kran Udstyr A/S can under no circumstances be held liable for operating losses of any kind, loss of profit, other indirect losses or consequential damages, or for losses caused by third parties, including subcontractors' default.

The rented equipment remains at all times the property of Fyns Kran Udstyr A/S (or the company that Fyns Kran Udstyr A/S represents). Under no circumstances may the tenant remove marks and the like that indicate ownership.

Any disputes where an amicable solution cannot be reached must be settled by the court at Fyns Kran Udstyr A/S' registered office as the agreed place of jurisdiction. This legal relationship is subject to Danish law. However, the International Sales Act (Convention on Contracts for the international Sales of Goods) shall not apply to the legal relationship.

1.1 These purchasing conditions (“Conditions”) apply to all offers and deliveries of goods and services (“Product”) from the supplier (“Supplier”) to any entity of Fyns Kran Udstyr A/S (“Buyer”). The Supplier's potential sales and delivery conditions shall not apply unless they are accepted in writing by the Buyer.

2.1 The Supplier must confirm the validity period in his offers. Minimum validity period is one (1) month.

3.1 Only written purchase orders (“PO”) from the Buyer are valid. The Supplier is obliged to send an order confirmation to the Buyer. If the Supplier does not protest against the content of the PO within 2 working days from receipt, the Buyer is entitled to consider the order as accepted by the Supplier.

4.1 The Buyer has the right to cancel a PO up to 2 weeks before the agreed delivery date. The Supplier may on that occasion not submit a claim for damages or other compensation, unless the products are specially made for the Buyer and are put into production.

5.1 All prices are fixed for the duration of a PO and are exclusive of VAT. Currencies are Danish kroner (DKK), Euro (EUR) or US Dollar (USD). Prices include packing and all necessary documentation. Discounts, bonuses etc. shall be agreed separately.

5.2 Adjustments of prices can only be made with prior written acceptance from the Buyer. In case of price adjustments, the Supplier must send the new prices to the Buyer minimum 2 months before the new prices become valid.

6.1 The Supplier must deliver the Products according to the PO’s from the Buyer and including all necessary documentation, such as but not limited to user manuals in Danish and English and certificates according to relevant EU laws and standards.

6.2 All technical documentation which the Buyer sends to the Supplier, remains the property of the Buyer.

7.1 All invoices from the Supplier must be sent electronically to the following e-mail: invoice@fku.dk

7.2 Payment terms must be agreed upon between the Supplier and the Buyer before the commencement of the trade.

7.3 Products from different PO’s from the Buyer must not be included in the same invoice

8.1 The delivery terms (Incoterms 2020) must be agreed between Supplier and Buyer before the cooperation is started. Preferred delivery conditions are DAP to the Buyer's address, DAP to the Buyer’s customer, FCA Suppliers address or if overseas, FOB named port.

8.2 The agreed delivery date is the delivery date mentioned on the Buyer’s PO. All deliveries must be made during the opening hours of the Buyer.

8.3 Only delivery on the agreed date or up to a maximum of 2 business days before this date will be considered a timely delivery.

8.4 Partial delivery and/or early delivery is only permitted when approved by the Buyer.

8.5 If the Supplier finds that he cannot deliver on time, or if a delay from the Supplier is considered likely, the Supplier must give the Buyer written notice thereof without undue delay and at the same time state the reason for the delay and the time at which delivery is expected to take place.

8.6 Any delay is considered a material breach of these Conditions. In case of delay, the Buyer can freely choose to either cancel the purchase or maintain the purchase and demand compensation equal to the actual costs which the delay has caused the Buyer. No matter if the Buyer chooses to cancel or maintain the purchase and demand compensation, the Buyer is also entitled to claim damages in accordance with Danish law.

8.7 In the event of Force Majeure, the parties are released from their respective obligations for as long as the Force Majeure persists.

9.1 The Supplier must ensure that all products are delivered in appropriate packaging. All products must be packed in accordance with the specifications specified in the Buyer's order, if any. If special packaging is required, it is included in the product price. If using wooden pallets for packaging, these must be approved standard EUR pallets and frames.

9.2 Each delivery must be accompanied by a delivery note and an invoice referring to the PO number. Each invoice must for each Product indicate the Product part number and description as well as the quantity and price.

9.3 All products requiring full traceability must be clearly marked with serial or batch number on the outside of the packaging. On the packing list or delivery note a clear identification of the batch number for each line is required. Preferably this identification is made by using bar codes or other similar electronical identification.

10.1 The Supplier warrants that the Products supplied are fit for the purpose for which they are purchased, are free from defects in design, materials or workmanship, meet Buyer’s specifications and comply with all relevant applicable regulations, norms and standards.

10.2 For a period of one 1 year from initial use of the Product, the Supplier warrants that the Product is free from any defects. In case of deficiencies found during this warranty period the Buyer can plead on the general default rules of Danish law.

11.1 Suppliers who have an ISO 9001 quality management system (or similar certified system) in place are preferred by the Buyer. The Buyer shall have full access to perform audits of the Supplier's quality system at the Suppliers place of business and at the Supplier's other locations.

12.1 In case of product liability the current rules of Danish law will apply.

12.2 The Supplier is obliged to indemnify the Buyer for any product liability claim brought to him by an injured third party.

12.3 The Supplier shall have and maintain a valid third party and products liability insurance with a coverage of minimum 10,000,000 DKK per year. The Buyer may always request to see the Supplier’s insurance certificate.

13.1 The Supplier warrants that any Product delivery does not violate intellectual property rights of any third Party.

14.1 The parties agree that any confidential or proprietary information exchanged in connection with this Agreement, including but not limited to pricing, specifications, trade secrets, and business operations, shall not be disclosed to any third party without the prior written consent of the disclosing party. This obligation shall not apply to information that is publicly available, lawfully obtained from a third party without obligation of confidentiality or required to be disclosed by law or court order. This clause shall survive the termination or expiration of this Agreement.

15.1 The Buyer’s code of conduct is a set of principles and guidelines that outline acceptable behavior and ethical standards for all individuals at the Buyer. The Supplier must accept the code of conduct of the Buyer.

15.2 The Supplier agrees that the Buyer, either itself or through a third party can carry out an unannounced check to see if the above guidelines are followed. The Supplier shall always permit such inspections.

16.1 Regarding the use of chemical substances the Supplier guarantees that the delivery complies with the European "REACH" - Regulation (EU Regulation 1907/2006) and also the relevant CE marking directives and there to related guidance. The Supplier must be able to present their respective statements of compliance on the Buyer's request within 24 hours.

16.2 The Supplier agrees that the Buyer, either itself or through a third party, can carry out an unannounced check to see if the above guidelines are followed. The Supplier shall always permit such inspections.

17.1 Any dispute between the parties shall be governed by Danish Law and be settled by the ordinary Danish courts or if the Supplier is from outside EU by the Danish Institute of Arbitration in Copenhagen.

Published by Fyns Kran Udstyr A/S on 01-05-2025.